Securing an Independent Educational Evaluation (IEE) at Public Expense in Alabama

When a school district evaluates a child for special education services, the resulting report dictates what services, therapies, and accommodations the child will receive. However, parents often find that the school's evaluation is incomplete, flawed, or fails to uncover the true extent of their child's needs. If you find yourself in this situation in Alabama, you are not forced to accept the school's findings.

Under federal and state law, you have the right to an Independent Educational Evaluation (IEE) at public expense. This means you can choose an outside, private professional to evaluate your child, and the school district must foot the bill. Requesting an IEE can be a strategic move to secure better services for your child. Because school districts often push back on funding private testing, consulting with a local education attorney from our catalog is highly recommended.

Step-by-Step Process to Request an IEE in Alabama

Whether your child attends school in Montgomery, Tuscaloosa, or Dothan, the process for securing an IEE is governed by uniform special education procedures. Local education agencies (LEAs) must adhere strictly to these rules.

Step 1: Review the District's Evaluation

You cannot request an IEE at public expense until the school district has conducted its own evaluation. Once the district completes their testing, review the results thoroughly. If you disagree with their findings-for example, if they failed to identify dyslexia or understated your child's speech delays-you are legally positioned to ask for an IEE.

Step 2: Submit a Written IEE Request

You must formally notify the school that you disagree with their assessment. Submit a Written Request for Independent Educational Evaluation to your school's principal and the special education director of the Local Education Agency Board of Education in your city. Under 34 CFR § 300.502, you are not required to explain why you disagree with the school's evaluation, though the school may politely ask for your reasoning.

Step 3: The School's Mandatory Response Window

Once you submit your request, the school district has only two legal options. They cannot simply ignore your request or say no. They must either:
1. Agree to pay for the IEE, or
2. Immediately file a due process complaint against you to prove to a state hearing officer that their original evaluation was appropriate. Most districts will opt to pay for the IEE because due process hearings are expensive and time-consuming.

Step 4: Selecting the Independent Evaluator

If the school agrees to fund the IEE, they must provide you with information about where an IEE may be obtained and the agency criteria applicable for independent evaluations. You generally have the right to choose your own qualified evaluator, provided they meet the basic criteria set by the district (such as holding a specific state license).

Types of Educational Evaluations You Can Dispute

An IEE is not just a single test; it is an umbrella term for various specialized assessments. Depending on your child's disability, you might need different types of experts.

Neurological and Neuropsychological IEEs

If a child has a complex brain-based condition, such as severe Autism Spectrum Disorder, a traumatic brain injury, or complicated ADHD, a standard school psychologist may not have the expertise to accurately assess them. A pediatric neuropsychologist can conduct a deep-dive evaluation to uncover processing deficits, memory issues, and executive functioning challenges.

Speech-Language IEEs

School speech therapists often have high caseloads and may only test for basic articulation. If a child has complex pragmatic language deficits or receptive language disorders, parents can request an independent Speech-Language Pathology (SLP) evaluation to determine the exact amount of therapy minutes required for a FAPE.

Psychoeducational Testing Disputes

Psychoeducational testing looks at intelligence (IQ) and academic achievement. Schools frequently use these tests to determine learning disabilities like dyslexia or dysgraphia. If the school's testing shows your child is performing at grade level, but you know they are struggling to read, an independent psychoeducational IEE can provide an unbiased look at their true academic abilities.

How the IEE Results Must Be Used

Once the independent evaluator completes their report, they will provide a copy to both you and the school. Under Alabama and federal law, the IEP team must consider the results of the IEE in any decision made with respect to the provision of a FAPE to the child. While the school is not legally forced to adopt every single recommendation the private doctor makes, they cannot ignore the report.

Frequently Asked Questions (FAQ)